Coventry Law Centre : Immigration advice : Information leaflets : Students

Return to immigration information leaflets index

Students

How do I qualify to come to the United Kingdom to study?

You must show that you have been accepted on a course of study at:

a publicly-funded institution of further or higher education (for example, a university);
a private-education institution; or
an independent fee-paying school;

and that you are going to follow:

a recognised full-time degree course;
a course run during the week that involves at least 15 hours of organised daytime study a week; or
a full-time course of study at an independent fee-paying school.

You must also:

be able to pay for your course and support and accommodate yourself and any dependents or help from public funds; and
plan to leave the United Kingdom when you complete your studies

If you are a visa national, you will need a visa to enter the United Kingdom. If you are not a visa national, you will find it helpful to carry documents with you which will show immigration officers that you meet the requirements for entering the United Kingdom as a student.

What are public funds?

If you come to live or stay in the United Kingdom, you must be able to support and accommodate yourself without claiming certain state benefits. These are:

Income Support and Jobseeker’s Allowance (JSA);
housing and homelessness assistance;
Housing Benefit and Council tax benefit;
Working Families’ Tax Credit;
a social fund payment;
Child Benefit; or
any disability allowance.

Can I extend my stay as a student?

If you are already studying here, you can apply to extend your stay as a student subject to meeting the requirements of the Rules.

If you are a visa national, you will need a student or prospective student visa in order to stay on in the UK as a student.

If you are a non-visa national you will need a student or prospective student entry clearance in order to stay on in the UK as a student to study a course below degree level if you wish to study a course at degree level or above then you will not need an entry clearance.

Transitional arrangements have been put in place to protect the entitlement of non visa nationals already in the UK, as follows:

Visitor arrivals on or before July 22 making an application for an extension of stay as a student to undertake study below degree level can make an application so long as their leave is current, without the need for an entry clearance.
Visitor arrivals between July 23 and September 30 can obtain further leave to remain as a student to undertake a course of study below degree level without an entry clearance if the application is made on or before September 30.
Student arrivals on or before September 30 making an application for an extension of stay as a student to undertake study below degree level can make an application so long as their leave is current, without the need for an entry clearance.

"Degree level study" will be defined in the Rules as:

"a course which leads to a recognised United Kingdom degree at bachelor's level or above, or an equivalent qualification at level 6 or above of the National Qualifications Framework, or levels 9 or above of the Scottish Credit and Qualifications Framework."

Extensions for short courses

From 1 October 2004, the maximum overall permitted period of stay for a student on successive short courses below degree level is 2 years A short course is now defined in the Rules as "a course of less than 1 year's duration or longer courses broken off before completion". This applies to visa nationals and non-visa nationals. There are no transitional arrangements for this provision.

How do I apply?

You will need to complete an application form. Applications will not be valid unless they are made on the appropriate application form.

To apply for further leave to remain you should use form FLRL(S).

You should send the completed form to us, by post, before your permission to stay ends. The application form will give you details of all the documents you will need to send with your application and where you should send it.

If you need to travel urgently, you can apply in person at one of the Immigration & Nationality Directorate public enquiry offices.

All documents should be originals unless you have a good reason as to why you cannot produce them with your application. The Home Office will not normally accept photocopies.

Am I allowed to work?

You may take part-time or holiday work but you must not:

work for more than 20 hours a week during term time, unless your work placement is part of your studies and your education institution agrees;
do business, be self-employed or provide services as a professional sports person or entertainer; or
work full time in a permanent job.

Can I bring my husband or wife and children with me?

Your husband or wife and any of your children under 18 can come to the United Kingdom with you during your studies as long as you can support and accommodate them without help from public funds.

Is my husband or wife allowed to work?

Your husband or wife will be allowed to work if you were given permission to stay in the United Kingdom for 12 months or more.

Can I stay in the UK after I graduate to work?

Yes. Under the current rules, those coming to the UK for work permit employment are required to obtain a work permit before entry.

However, graduating students can now formally switch into work permit employment within the UK. UK businesses can now obtain a work permit on behalf of an international student graduating from a UK educational institution without the need for the student to first return home. Graduate students, student nurses and postgraduate doctors and dentists can benefit from this policy.

The conditions for in-country switching into work permit employment are:

Students:

has completed a recognised degree course at either a UK publicly funded further or higher education institution which maintains satisfactory records of enrolment and attendance; and
holds a valid work permit for employment; and
has the written consent of any government or international scholarship agency sponsor.

Student nurses and postgraduate doctors and dentists:

holds a valid work permit for employment as a nurse, doctor or dentist; and
has the written consent of any government or international scholarship agency sponsor.

Appeals

Coventry Law Centre will advise you about appealing and may represent you at the hearing. The Law Centre offers free legal advice and representation.

You can contact the Law Centre for an appeal appointment or telephone our free legal advice line on Tuesdays and Thursdays between 10:00 and 12:00 on 024 76253168.